Item - 2024.TE10.42

The Toronto and East York Community Council forwards the Item to City Council without recommendations.

The applicant applied to the Committee of Adjustment requesting variances from Site Specific Zoning By-law 595-2021(OLT), as amended by City Wide By-law 569-2013 (Application Number A0597/23TEY), including variances to height, maximum permitted gross floor area, and minimum amenity space.

Site Specific By-law No. 595-2021 (OLT) zones the subject property to permit a 29-storey mixed-use building of 98 metres. The applicant applied to permit a mixed-use building of 121.4 metres.

On December 13, 2023, the Toronto East York Panel of the Committee of Adjustment approved the requested variances, with conditions including a cash contribution allocated towards community facilities, recreation, cultural space, and/or streetscape improvements within Ward 11 (the “Decision”). (Decision in Attachment 1).

In its report dated December 4, 2023, City Planning Staff commented that they had no objections to the proposed variances. Staff recommended that the Owner make a cash contribution to the City of Toronto, should the Committee of Adjustment approve the variances. (Staff Report in Attachment 2).

This letter will authorize and direct the City Solicitor to appeal and to attend the Toronto Local Appeal Body, along with appropriate City staff, in order to oppose the Committee of Adjustment’s decision, on the ground that the variances were not minor. This Motion will also authorize the City Solicitor to retain outside consultants and to resolve the matter on behalf of the City in her discretion.

This matter is time sensitive and urgent as the City Solicitor has already appealed the Decision to the Toronto Local Appeal Body in order to preserve the City’s statutory right and requires instructions to appeal and attend the hearing for this matter.